Majority
p. 772The People of the State of New York, Respondent, v. Michael Franzese, True Name Nufrio Franzese, Appellant.
Judgment of the County Court of Nassau county, convicting appellant of the crime of assault in the second degree, reversed on the law and the facts and a new trial ordered, on the ground that the guilt of the appellant was not proved beyond a reasonable doubt. Lazansky, P. J., Carswell, Davis and Johnston, JJ., concur; Hagarty, J., votes for a reversal of the judgment and a dismissal of the indictment upon the ground that there is no evidence connecting the appellant with the commission of the crime charged.